The Time Share Chronicles are a series of letters and issues that we receive on a daily basis that seek from the scams and fraud of the timeshare and fractional timeshare sales industry. Your Moderator is Robert Paisola, Visit robertpaisola.com and http://www.allexperts.com/ep/1843-74995/Time-Shares/Robert-Paisola-CEO.htm for full information

The Robert Paisola Live World News Feed

12/08/2008

Here we Go Again! How to Deal With The Mayan Resorts, By Robert Paisola

To Our Worldwide Readers:

We have a VIP Client at Western Capital that decided to visit Cancun Mexico. While he was there, he decided to stay at the Grand Mayan. Well, not only did he stay there, he had the vacation of his life... from hell.

I, also went to a Mexican Resort Called Playa Del Sol and like my client, I was also scared for my life.

The document that you are about to read took me 7 hours to draft for my client.

It is all about his situation with The Mayan Resorts.

The only things that I have taken out of the document are his full his name and personal credit card number, because he most likely will be getting a full credit on his American Express Card because of his experience amd our services. That is OVER EIGHT THOUSAND DOLLARS CASH and NEVER HAVING TO PAY A DIME TO THESE PEOPLE.

So, have you been the victim of The Mayan Palace, Grupo Maya, then read this... and lets talk.

We will be onsite in Mexico, the same as we were on site last week in Las Vegas, covering The Wyndham Resorts and The Tahiti Village.

If you have a problem. let us know as soon as possible. If you are in MEXICO NOW READING THIS... USE YOUR BRAIN. GET THE HELL OUT OF THERE!

We now present our brief on The Grupo Mayan Fraud Ring, Confirmed by a Class Action Court Ruling outlined in this letter.

We will keep you advised every step of the way on this case as American Express now must make some hard choices, whether to cancel a profitable merchant relationship, or risk the mountain of evidence that will fall upon it by Federal Regulators, as more and more victims come to the surface.

This letter will confirm that this firm has been retained by the above mentioned cardholder to deal with the Dispute now on file with your office Referenced I221647.

Please be advised that your cardholder vigorously protests the charges that were posted against his account by Grand Luxxe2 Cancun.The Charges that are being disputed are the following:

10-27-2008GRAND LUXXE2 CANCUN 105,500.45 MX

$8.118.26 USD

11-02-2008 MAYAN PALACE CANCUN CANCUN Q ROO 4,669.42 MX

$378.60 USD

We are assuming that this issue will be handled in accordance with the standard protocols as outlined in THE AMERICAN EXPRESS INQUIRY AND CHARGEBACK POLICY AND PROCEDURE GUIDE FOR MERCHANTS.

Based upon the information contained in your letter dated November 18, 2008, you are requesting that the Cardmember provide you with a “Signed, detailed, letter describing the events surrounding your (their) claim, including the exact amount of credit you are requesting”

Based upon your request, we are presenting the following on behalf of our client, whose signature is confirmed at the end of this document along with ours.

The amounts that are being requested are outlined above.

As of 8:22 PST today, it appears that American Express HAS NOT issued a PROVISIONAL CREDIT to the Cardmembers Account.It is essential that this be done immediately, as the amounts in dispute are being deducted from the threshold amount available under the account.

We have asked the Cardmember for a formal Statement, and the following is a verbatim transcription of the dispute, which will clearly confirm these changes as NOT AUTHORIZED AND FRAUDULENT.

We have also been advised that the parent company GRUPO MAYAN has now been placed on your Automatic Chargeback List, as verified by a senior manager in your department this week.

Regardless, we are willing to comply with your request, even though the company has been sanctioned by American Express regarding these issues time after time, to no avail.

Our discussions with the Corporate Offices of Grupo Mayan have confirmed that “the only reason that American Express has left our merchant account open is due to the volume that we bring”...sic.

Here is the official statement of XX, Your Cardholder since 1982.

“We arrived at the Mayan Palace Regency, Riviera Maya, on October 26, 2008. After checking in, we were greeted by an attractive young woman, who offered us a free breakfast, 1,000 pesos, plus a 10% discount on all room charges, in exchange for attending a presentation about the Grupo Mayan Resorts. We had to give her 100 pesos to secure our reservation for 9:30 AM the following day.

Monday morning (10/27) we received a call reminding us of our appointment.

We met the same woman who had greeted us at the front desk, after which we were escorted to the presentation facility where we were introduced to Sally Sudol, our salesperson.

We were taken for a buffet breakfast and a brief tour of the Grand Mayan facility. Then we were lead to a table in the Presentation facility.

Sally interviewed us to find out what we liked and didn’t like about our current timeshare ownership arrangements. She focused on the fact that we didn’t like paying maintenance fees, regardless of whether we used our weeks or not.

She claimed that under their program, we would not have to pay the maintenance fees unless we used our week.

And for those years that we did not want to use our week, we could sell it back to their marketing department for $1,700.

She also stated that if we turned the week in for marketing, we would not have to pay a maintenance fee, so the $1,700 was net of any expenses. (All dollar amounts discussed were in US dollars.)

This benefit could also be broken down further by splitting our two bedroom unit into a One-Bedroom Suite ($1,000), and a Master Room ($700). She claimed that we could use one unit and turn in the other.

For example, we could use the Master Room, and turn in the One-Bedroom Suite for $1,000.We were looking at a package that included 2 Two-Bedroom Suites, so the potential for $3,400/year in income, compared to our current $1,500/year of expense, was quite enticing.

She further explained that Mayan Palace must buy back a large number of rooms from their members since they are contractually obligated to provide these rooms to Sheraton Resorts.

She further stated that “Currently there was a shortage of rooms because everyone is using their weeks instead of selling them back”

To prove how desperate they were, she offered to immediately buy back two of our weeks and apply a $3,400 credit to our Non Existent purchase.

Their offer also included memberships to RCI, SFX, and HSI.

We were told about all of the fantastic benefits provided by HSI, and were told that the HSI membership, when sold separately, was WORTH and WOULD NORMALLY COST $30,000.

We continued our discussions with this GRUPO MAYAN REPRESENTATIVE for a few hours, during which my wife and I were thinking more about starting our vacation, than about this major decision.

In order to commence our vacation, as we were staying on their property, we were FORCED and COMPELLED by many people on the GRUPO MAYAN STAFF to sign the documents that we signed.We did so, as we knew that we had a right to cancel, which we did, and that we would pay with our American Express Card.

Based on our fear and safety, we immediately executed whatever documents that they presented, as we knew that they were not valid, under the rescission clause as outlined in the agreement and verbally confirmed by the Senior Manager.

“If you want to cancel this transaction at any time, just contact us, said the Senior Manager who “Welcomed us to The Mayan Family” or was it the Mayan Mafia Family?

In exchange for 2 Two-Bedroom weeks at the Mayan Palace we agreed to give them two timeshare properties, consisting of a two-bedroom red week at the Vistana Resort ($11,200), and 231,000 points with Fairfield Resorts ($20,700), PLUS two of our Mayan Palace vacation weeks, valued at $3,400, PLUS $22,985. The total cost of the deal, $58,285 We charged a deposit in the amount of $8,045 to our American Express card and got the heck out of there!

Again, we knew that we had American Express on our side, and that we could cancel, as we had all agreed.

During the few days following the presentation, I knew I should analyze the paperwork, and did peruse the data, but we had many activities planned, and my brain was on vacation.

It was on Sunday 11/16, a few weeks after arriving home and catching up on my business and personal responsibilities, when I sat down and examined all of the paperwork we were FORCED TO SIGN.

As I read the documents, I felt myself getting sick.

I could not find a single mention of the buy-back program. I also found other statements that contradicted what we were told during the presentation. I executed some searches on the Internet and found many posts from people who also felt they had been scammed and ripped off, reporting similar stories about Mayan Palace.

I found an article that was authored by Mr. Robert Paisola, the President of a company called Western Capital and a member of the media at:

Now, I knew that this entire company was VERY BAD and a complete scam.The more information that the more that I dug up, the more I, too, was also, SCARED FOR MY LIFE!

I read about how HSI is an exchange company that promises much more than it delivers, and how others similarly situated paid significantly less for the same package that we purchased. I could not sleep that night, and had stress related diarrhea for the next two weeks.

I then found out that there is a CURRENT CLASS ACTION LAWSUIT THAT HAS BEEN FILED AGAINST THE SAME COMPANY THAT WE WERE FORCED TO SIGN DOCUMENTS WITH.

CALIFORNIA: Lawsuit Accuses El Grupo Mayan of Bilking Citizens--------------------------------------------------------------A federal class-action complaint filed with the U.S. District Court for the Central District of California accuses El Grupo Mayan Palace of bilking U.S. citizens of "hundreds of millions of dollars" in Mayan Resorts timeshares

The plaintiffs brings the action under Title 18 of the U.S. Code Section 1961, et seq., the Racketeer Influenced and Corrupt Practices Act (RICO) and California state law, seeking monetary and injunctive relief.

This case concerns a conspiracy operating and managing resorts in Mexico -- the Mayan Resorts -- which has bilked U.S. citizens out of hundreds of millions of dollars through the use of high pressure fraudulent sales tactics that are comparable to the worst tactics ever employed by used car salesmen in a Hollywood movie.

The complaint states that the "defendants earn hundreds of millions each year from such sales by systematically misrepresenting in sales presentations and documents the value of the timeshares they are selling. Defendants as part of their scheme also have misled Plaintiffs as to their rights under Mexican law."

The plaintiffs seek to represent all persons who purchased a Mayan Resorts timeshare within the preceding four years and executed a document waiving their right to have their deposit returned if the contract was canceled within five business days.

(e) whether the defendants' activities related to their failure to disclose that the five day right to cancellation could not be waived constitute violations of California's Unfair Competition Law, Business and Professions Code Section 17200, et seq.;

(f) whether the fact that the five business day right to cancel was non-waivable was material and relevant information under California's Unfair Competition Law, Business and Professions Code Section 17200, et seq.;

-- grant judgment in favor of plaintiffs and against the defendants; -- grant temporary and permanent injunctive relief;

-- declare that the defendants' conduct constitutes violations of the statutes and common law cited;

-- award the plaintiffs an appropriate amount in monetary damages as determined at trial, including pre- and post- judgment interest;

-- award the plaintiffs attorneys' fees and the costs of bringing this action;

-- award the plaintiffs treble damages against all defendants, jointly and severally, in an amount in excess of $75,000 to be proven at trial together with prejudgment interest, costs and attorneys' fees;

-- impose exemplary and punitive damages against defendants in an appropriate amount to be determined at trial; and

-- grant the plaintiffs such other relief as is just and appropriate.

The suit is "Jessica Monugian et al. v. Desarollo Marina Vallarta S.A. de C.V. et al., Case No. CV08-01497," filed with the U.S. District Court for the Central District of California.

After learning of this worldwide fraud, I immediately I tried to call the Grupo Mayan Customer Service Department using the phone number provided in the plethora of paperwork that I was given.

THIS WAS DONE IN THE TIME PERIOD OUTLINED IN THE AGREEMENT THAT I MADE WITH THE COMPANY SO THAT I WOULD BE SAFE.

When I called, I received a recorded message stating the number had been disconnected, and to call a different number. This is all being introduced into evidence for the class action case noted above.

The first number was supposed to be answered in Texas, but, again, the lies continued, as the new number was answered in Mexico City where I spoke to Gabby Adler.

I asked her if she had any information about the marketing buy-back program. She immediately stated that she did not.

I told her that I wanted to cancel the agreement and was very clear that the call with her was my official notification to the company that I was canceling.She stated that she clearly understood and agreed, based on our discussion to terminate the agreement. She also stated that said that she would have a sales rep call me back within one business day, but no one ever called me back.

On Monday November 17, 2008, I called American Express to dispute the amount charged to my account. I explained that I WAS A VICTIM OF THIS COMPANY and that I was blessed to have American Express as my Advocate.I explained the entire ordeal and that the amounts on my statement of 378.60 were FRAUD and COERCED AND NOT AUTHORIZED.

The representative at American Express agreed to put the charge on hold for 6-8 weeks while they investigate.This letter is the result of that investigation.

I have since received a letter from them requesting a detailed letter describing the events surrounding the claim. As this letter must be submitted by 12/8/2008, I have contacted and retained Mr. Robert Paisola, the Victims Advocate in this matter and have asked his company to deal with this matter, as I am still very scared for my safety.

In an effort to continue to expose this fraud, along with the retention of Mr. Paisola, I have made numerous calls to attorneys, the Illinois Bar association, Vistana Resort, Fairshare Plus Owner Relations, and others, to reach out for help or advice.

I searched the Internet and sent emails to various people soliciting advice. Attorneys were willing to review my case for $250/hour, but none had experience with this particular matter. Others were sympathetic, but offered no helpful advice. Thank god we found Mr. Robert Paisola.

I also have called Holiday Transfer Services, the company responsible for processing the Equity exchange of our two timeshare properties.

I spoke to Tiffany, who was very nice and offered to contact Grupo Mayan via email to have someone contact me within the next 24 hours.

As of the writing of this letter, I had not yet received a call, so I again called Tiffany at Holiday Transfer Services to follow up.

She had me hold while she called the Sales office at the Mayan Palace. She spoke to Ingrid Ernst, who I was instructed to call at 011 52 984 206 4056.

I called Ingrid, who was the woman we sat with to sign and review the papers at the end of the presentation. I asked her about the marketing buy-back program and she denied that this program existed.

She immediately agreed to again cancel the agreement dated October 27, 2008, and attempted to entice me into another agreement which was no will be ever executed.Now that I had her word that the agreement was canceled, I expected a full refund on my American Express Card.

The bottom line is that this agreement was fraudulently induced and was executed for the sole safety and security of my family.The pending lawsuit(s) confirm these issues and I have asked Mr. Robert Paisola to publish this in full on his websites so that others will be warned.

Please immediately credit our American Express Account for the items outlined herein and it is our hope that the Security Department of American Express will IMMEDIATELY follow through with the full termination of the merchant account privileges of the defendants, Grupo Mayan.”

Mr. Figueroa, I would ask that you immediately credit our account and visit our corporate site, The Time Share Chronicles, located at http://www.TimeShareChronicles.com where this letter will be posted.

It is our sincere hope that American Express will show the American Public that this type of conduct will not be tolerated and that you will direct this to your Corporate Governance Committee in New York City, for review.

This letter will serve as a clear and direct memorialization to the International Directors of American Express who deal with this company of the illegal activities that exist within the organization, and will serve as the DATE OF WHICH YOU BECAME AWARE of this matter, for future litigation purposes.

Please immediately reverse all of the charges that are now being levied against this Cardholder and advise The Vendor that they are not to have any communication with this Cardholder, but all inquiries, must be directed to the undersigned.

We at Western Capital will wait 15 days for your direct confirmation that your management team at American Express has reversed the charges.

Please have your International Media Liaison Contact us at 801-619-4700 so that we may report your position on this issue to the American Public, within 72 business hours.

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About Me

Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations including Western Capital and The Success Training Network, Robert trains sales and marketing professionals who want to strive to get to the top...and stay there.
His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in sales, motivational speaking and debt collection training, thus revealing the common business habits of the top 20% of sales performers in all organizations.
Robert's approach works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective sales-training professional in the market today.
Robert Paisola is also an International Travel Writer and Certified Expert for magazines such as Conde Nast Publications and The National Geographic Society. His award winning investigative reporting articles have gained him worldwide recognition.
Contact Robert at Western Capital at robert@mycollector.com or at 1-877-517-9555 or visit www.RobertPaisola.com